Monday, May 21, 2012

Personal Data Protection Act Malaysia - Why are we waiting?

Teh Tai Yong: Personal Data Protection Act Malaysia - Why are we waiting?

The Malaysian Personal Data Protection Act 2010 ("PDPA") has been passed and Gazetted for about 2 years ago. 

As of today, the PDPA status is "Not Yet In Force". Why are we waiting ... ?

Besides the Credit Reporting Agencies Act 2010, which has the same faith having the status "Not Yet In Force" as the PDPA , many other Acts of Parliament passed in 2010 or even 2011 & 2012 have come into force.

1. WHISTLEBLOWER PROTECTION ACT 2010 (ACT 711)   CRIME, LITIGATION   Date of coming into force: 15 December 2010 [PU(B) 537/2010]

2  COMPETITION ACT 2010 (ACT 712)   CONSUMER   Date of coming into force: 1 January 2012 [PU(B) 410/2010]

RENEWABLE ENERGY ACT 2011 (ACT 725)   ENERGY & MINING   Date of coming into force: 1 December 2011

PEACEFUL ASSEMBLY ACT 2012 (ACT 736)   CIVIL AND HUMAN RIGHTS   Date of coming into force: 23 April 2012 [PU(B) 147/2012]

On 22 November 2011, it was reported in The Star that "The long awaited Personal Data Protection Act 2010 will be enforced next year. Information, Communications and Culture Minister Datuk Seri Dr Rais Yatim said the Ministry was in the process of getting "the right personnel with the right expertise" to set up the Personal Data Protection Department." 

(Photo obtained from


However, when the Minister launched the new Personal Data Protection Department on 12 February 2012, despite much anticipation that he would announce the date of enforcement of PDPA, he did not do so. Instead, he highlighted the importance of the law.

Mr Minister, Why are we waiting? What are we waiting for? 

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